Mr. Carper (for himself
and Mr. Coons) introduced the following
bill; which was read twice and referred to the
Committee on Energy and Natural
Resources

April 22, 2013

Reported by Mr. Wyden,
with an amendment

Insert the part printed in
italic

A BILL

To establish the First State National Historical Park in
the State of Delaware, and for other purposes.

1.

Short title

This Act may be cited as the
First State National Historical Park
Act.

2.

Definitions

In this Act:

(1)

Historical
park

The term historical park means the First State
National Historical Park established by section 3(a)(1).

(2)

Secretary

The
term Secretary means the Secretary of the Interior.

(3)

State

The
term State means—

(A)

the State of
Delaware; and

(B)

in the case of the
property described in section 3(b)(8), the States of Delaware and
Pennsylvania.

3.

First State
National Historical Park

(a)

Establishment

(1)

In
general

Subject to paragraph (3), there is established the First
State National Historical Park, to be administered as a unit of the National
Park System.

(2)

Purposes

The
purposes of the historical park are to preserve, protect, and interpret the
nationally significant cultural and historic resources in the State that are
associated with—

(A)

early Dutch,
Swedish, and English settlement of the Colony of Delaware and portions of the
Colony of Pennsylvania; and

(B)

the role of
Delaware —

(i)

in
the birth of the United States; and

(ii)

as
the first State to ratify the Constitution.

(3)

Determination
by secretary

(A)

In
general

The historical park shall not be established until the
date on which the Secretary determines that sufficient land or interests in
land have been acquired from among the sites described in subsection (b) to
constitute a manageable park unit.

(B)

Notice

Not
later than 30 days after making a determination under subparagraph (A), the
Secretary shall publish a notice in the Federal Register of the establishment
of the historical park, including an official boundary map for the historical
park.

(C)

Availability of
map

The map published under subparagraph (B) shall be on file and
available for public inspection in the appropriate offices of the National Park
Service.

(b)

Historic
sites

The Secretary may include the following sites within the
boundary of the historical park as generally depicted on the maps numbered 1
through 6, entitled First State National Historical Park, New Castle,
Kent, Sussex Counties, DE and Delaware County, PA and First
State National Historical Park, Woodlawn, numbered T19/80,000G, and
dated February 2013:

(1)

The Old
Sherriff’s House in New Castle County, Delaware, as depicted on map 4 of
6.

(2)

Fort Christina
National Historic Landmark in New Castle County, Delaware, as depicted on map 3
of 6.

(3)

Old Swedes Church
National Historic Landmark in New Castle County, Delaware, as depicted on map 3
of 6.

(4)

Old New Castle
Courthouse in New Castle, Delaware, as depicted on map 4 of 6.

(5)

John Dickinson
Plantation National Historic Landmark in Kent County, Delaware, as depicted on
map 5 of 6.

(6)

Dover Green in
Kent County, Delaware, as depicted on map 5 of 6.

(7)

Ryves Holt House
in Sussex County, Delaware, as depicted on map 6 of 6.

(8)

The Woodlawn
property in New Castle County, Delaware, and Delaware County, Pennsylvania, as
depicted on map 2 of 6.

(9)

Old New Castle
Green, in New Castle, Delaware, as depicted on map 4 of 6.

4.

Administration

(a)

In
general

The Secretary shall administer the historical park in
accordance with—

(1)

this Act;
and

(2)

the laws
generally applicable to units of the National Park System, including—

Except as provided in subparagraph (B), the Secretary may
acquire all or a portion of any of the sites described in section 3(b),
including easements or other interests in land, by purchase from a willing
seller, donation, or exchange.

(B)

Donation
only

(i)

Proposed NPS
Site

The Secretary may acquire only by donation all or a portion
of the property identified as Proposed NPS Site on map 2 of 6
entitled First State National Historical Park, Woodlawn,
numbered T19/80,000G, and dated February 2013, including easements or other
interests in land.

(ii)

Area for
potential addition by donation

The Secretary may acquire only by
donation all or a portion of the property identified as “Area for Potential
Addition by Donation” on map 2 of 6 entitled First State National
Historical Park, Woodlawn, numbered T19/80,000G, and dated February
2013.

(2)

Boundary
adjustment

On acquisition of land or an interest in land under
paragraph (1), the boundary of the historical park shall be adjusted to reflect
the acquisition.

(c)

Interpretive
tours

The Secretary may provide interpretive tours to sites and
resources in the State that are located outside the boundary of the historical
park and associated with the purposes for which the historical park is
established, including—

(1)

Fort
Casimir;

(2)

DeVries
Monument;

(3)

Amstel
House;

(4)

Dutch House;
and

(5)

Zwaanendael
Museum.

(d)

Cooperative
agreements

(1)

In
general

The Secretary may enter into a cooperative agreement with
the State, political subdivisions of the State, institutions of higher
education, nonprofit organizations, and individuals to mark, interpret, and
restore nationally significant historic or cultural resources within the
boundaries of the historical park, if the cooperative agreement provides for
reasonable public access to the resources.

(2)

Cost-sharing
requirement

(A)

Federal
share

The Federal share of the total cost of any activity carried
out under a cooperative agreement entered into under paragraph (1) shall be not
more than 50 percent.

(B)

Form of
non-Federal share

The non-Federal share may be in the form of
in-kind contributions or goods or services fairly valued.

(e)

Management
plan

(1)

In
general

Not later than 3 fiscal years after the date on which
funds are made available to carry out this subsection, the Secretary shall
complete a management plan for the historical park.

Not later than 3
years after the date on which funds are made available to carry out this
section, the Secretary shall complete a study assessing the historical
significance of additional properties in the State that are associated with the
purposes of historical park.

(b)

Requirements

The
study prepared under subsection (a) shall include an assessment of the
potential for designating the additional properties as National Historic
Landmarks.

6.

Authorization of
appropriations

There are
authorized to be appropriated such sums as are necessaryto carry out this
Act.

7.

Offset

Section 7302(f) of the Omnibus Public Land
Management Act of 2009 (16 U.S.C. 469n(f)) is amended by inserting before the
period at the end the following: “, except that the amount authorized to be
appropriated to carry out this section not appropriated as of the date of
enactment of the First State National Historical Park Act shall be reduced by
$6,500,000”.